Q&A: Colin Neave – "If a leader is open and transparent and frank and fair, that cascades down to the lowest levels within the organisation"

In this Q&A, Commonwealth Ombudsman Colin Neave AM discusses how his legal background has helped him serve vulnerable Australians; why leaders should focus on the happiness meters within their organisations; and the changes he expects law firms to face in the future.

You are in the fifth year of a five-year term as Commonwealth Ombudsman. How satisfying is the work?

“It’s a wonderful job because you have an opportunity to make a difference for the Australian community, particularly with our focus on the most vulnerable in the community. Like most Australians, I’m interested in politics, but it’s nice as Ombudsman not to be in any way directly involved given that I don’t report to a minister in a normal way. Of course, I have working relationships with government in order to make sure I’m spending money wisely, but I don’t have a reporting relationship to a minister. That’s a good position to be in.”

One of the key roles of the office of the Commonwealth Ombudsman is to investigate complaints from people who believe they have been treated unfairly or unreasonably by an Australian Government agency. There is more to the job than fielding complaints, though. What do you see as the key elements of the job?

“For an Ombudsman these days, the complaints side is still very important, but it’s not the sole reason for our existence. Parliamentary Ombudsmans’ offices, particularly, have expanded their monitoring roles over the years because we have the infrastructure, systems and experience of dealing with a range of complex issues. The fact that the office over the past four years has been entrusted with a number of new responsibilities is significant. That’s not a personal achievement; it’s very much an achievement for the office. These new responsibilities include taking on the role of Private Health Insurance Ombudsman to protect the interests of private health insurance consumers, and we now also monitor the use of covert surveillance powers by the police and other agencies, giving us oversight of metadata access. Very recently, too, the role of the Defence Force Ombudsman has been expanded quite significantly to look into complaints about physical and sexual abuse within the Australian Defence Force. These additional roles are satisfying because it means the office as a whole is trusted to perform its duties effectively.”

You have been engaged in a number of Ombudsman and community service roles in the past. Do such positions require a certain personality or skills?

“The most important thing is that you have to be comfortable in the ‘middle’. You can’t be an advocate for a community member in the normal sense like a community legal centre might be an advocate. Nor can you be an advocate for government or a government position. You’re going to be unpopular from time to time with both sides and if that upsets you personally too much, then these sorts of Ombudsman jobs are simply not for you.”

Some people suggest there is a crossover between the work of Ombudsmen and lawyers. Do you think the private legal sector is threatened by the rise of the Ombudsman schemes across Australia?

“I certainly don’t think the profession is threatened. If a person comes to a lawyer who for various reasons may not be able to assist them in relation to the case, referring that person to an Ombudsman – especially in the case of the Parliamentary Ombudsman – makes sense and does not bring an expectation of generating damages. I think what the Ombudsman group is really doing is complementing some of the services with which I know lawyers provide appropriately to their clients. So it’s complementary rather than being in competition.”

Your distinguished career has included a number of senior leadership roles related to the legal sector, such as chairperson of the Legal Services Board of Victoria and managing director of the Legal Aid Commission of NSW. How has this legal background assisted you in your current role?

“Well, having the basis for understanding the principles of administrative law is really important for an Ombudsman and that is certainly something that one gets as a lawyer. I always think having a legal qualification assists with a way of thinking and it helps you to concentrate on what the real issues are in relation to a complaint and being able to get to the core issues quickly. I was a general counsel with the Toyota group in Australia between 1982 and 1987. That gave me a mix of legal responsibilities and general management responsibilities and that has certainly helped me. So, yes, my legal background – including being a Melbourne University graduate – has been of great assistance and it has been complemented by the experience of working in a very large organisation such as Toyota because it gave me access to the principles of management.”

You must look back at your general counsel role with interest. There has been a real power shift from law firms to GCs in the past decade.

“Oh, yes. I was one of the first people who moved out of private practice. Going back to 1982 I had a very strange legal practice because I was acting for the Anglican Church on the one hand and Toyota on the other. But it brought me into contact with some amazing people. I’d be talking to an archbishop one day and then the managing director of the Toyota Motor Corporation the next. It was great fun.”

For GCs contemplating a career change, would you recommend Ombudsman roles?

“Once you go down that path it’s pretty hard to get off it. But it brings it all together in a way. You need the representation skills, you need the mediation skills and you need the skills that come with experience.”

In the past you have commented on the importance of leadership within government and the business sector. Reflecting on your experience, what constitutes good leadership from your point of view?

“There is no doubt that leadership from the top affects the behaviour of everyone within an organisation. So if a leader is open and transparent and frank and fair in the way in which he or she deals with people, then that cascades down to the lowest levels within the organisation. Within the public sector one can see the way in which complaints are dealt with being strongly influenced by the general attitude of a leader within an organisation. Good leaders are those people who communicate very clearly – both in terms of their expectations of individuals and their expectations overall for the way an organisation engages with the public. The key message is that everyone needs to be treated fairly and reasonably and calmly. The best leaders are those who are able to maintain almost a sense of decorum in the face of strong pressures from time to time.”

Is that also true for law firm leaders?

“A happy, engaged workplace is always going to be more productive and that’s the same for legal firms. Having a happiness meter for organisations which are dealing with conflict – which is what legal firms and Ombudsman offices are doing – is critical to the success of those organisations.”

During your former tenure at the Legal Services Board, you accurately predicted that the legal profession would soon undergo rapid change at a time when Slater and Gordon became the first firm to float. Using your crystal ball, do you have any thoughts on where the legal sector is heading in an era of change?

“It came to mind the other night during a 7.30 report on driverless cars. That’s all based on technology software and all the stuff which I don’t understand, but I know it’s good. I think the legal profession is going to continue to develop with the use of technology. I can see a day when people just contact a law firm, say their name and what they want in their will and a draft will be generated and sent back by email, with some instructions on how to sign it, and the charges will be made to the legal firm. The continuing use of software in the law is going to be the way to go and lawyers will be making sure that the software is written in accordance with what the law requires.”

Will there still be a role for elite lawyers?

“The most outstanding communicators among lawyers will still be the leaders in the profession. So on the one hand there will be even greater use of technology in the future, and on the other hand lawyers will have to continue to hone their communication skills because from time to time it will be necessary to convince people, by appropriate argument, to do things they don’t want to do.”

You five-year tenure will end next year. What does the future hold for you?

“I can’t contemplate ever retiring. I’m sure there will always be lots to do, either through voluntary or other positions.”

Colin Neave was appointed Commonwealth Ombudsman on August 16, 2012, for a five-year appointment. He has performed in senior leadership roles in the law, consumer affairs and government administration. Previously, he served as the Chief Ombudsman of the Financial Ombudsman Service, the Australian Banking Industry Ombudsman, Chairperson of the Legal Services Board of Victoria and Vice-Chair of the Australian Press Council. He has held senior management positions in the public sectors of several jurisdictions, namely as Deputy Secretary of the Commonwealth Attorney-General’s Department, Managing Director of the Legal Aid Commission of NSW, Secretary of the Victorian Attorney-General’s Department and Director-General of the South Australian Department of Public and Consumer Affairs. He also served as Chairman of the Commonwealth Consumer Affairs Advisory Council between 1997 and 2013, and President of the Administrative Review Council.

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